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The Making of Environmental Law
Richard J. Lazarus
The Making of Environmental Law
Part I: Making Environmental Law
Chapter 1: Time, Space, and Ecological Injury
Chapter 2: The Implications of Ecological Injury for Environmental Protection Law
Chapter 3: The Challenges for U.S. Lawmaking Institutions and Processes of Environmental Protection Law
Part II: The Road Taken
Chapter 4: Becoming Environmental Law
Chapter 5: Building A Road—The 1970s
Chapter 6: Expanding the Road—The 1980s
Chapter 7: Maintaining the road—the 1990s
Part III: Environmental Law in the New Millennium
Chapter 8: The Emerging Architecture of U.S. Environmental Law
Chapter 9: Changing Conceptions of Time and Space Redux— Environmental Law’s Future Challenges
Chapter 10: Environmental Law’s Second (and Quite Different) “Republican
Moment”
Conclusion: The Graying of the Green
The Making of Environmental Law
Richard J. Lazarus
Part I: Making Environmental Law
Chapter 1: Time, Space, and Ecological Injury
Chapter 2: The Implications of Ecological Injury for Environmental Protection Law
Chapter 3: The Challenges for U.S. Lawmaking Institutionsand Processes of Environmental
Protection Law
The Making of Environmental Law
Richard J. Lazarus
The Making of Environmental Law
Richard J. Lazarus
Global
Wind
Patterns
NASA
The Making of Environmental Law
Richard J. Lazarus
Features of Environmental Law
• Complexity
• Scientific Uncertainty
• Precaution
• Dynamism
• Controversy
The Making of Environmental Law
Richard J. Lazarus
The Stages of the Legislative Process 1. Bill introduction 2. Referral to committee(s) 3. Committee hearings 4. Committee mark-up 5. Committee report 6. Scheduling legislation 7. House: special rules, suspension of the rules, or privileged matter 8. Senate: unanimous consent agreements or motions to proceed 9. Floor debate 10. Floor amendment 11. Vote on final passage 12. Reconciling differences between the house and senate13. Amendments between the houses, or14. Conference committee negotiations15. Floor debate on conference report16. Floor vote on conference report17. Conference version presented to the president 18. President signs into law or allows bill to become law without his signature 19. President vetoes bill 20. First chamber vote on overriding veto 21. Second chamber vote on overriding veto 22. Bill becomes law if 2/3 vote to override is achieved in both chambers 23. Bill fails to become law if one chamber fails to override
The Making of Environmental Law
Richard J. Lazarus
Part II: The Road Taken
Chapter 4: Becoming Environmental Law
Chapter 5: Building A Road—The 1970s
Chapter 6: Expanding the Road—The 1980s
Chapter 7: Maintaining the road—the 1990s
The Making of Environmental Law
Richard J. Lazarus
Becoming Environmental Law
The Making of Environmental Law
Richard J. Lazarus
The Making of Environmental Law
Richard J. Lazarus
The solar system is dead, apart from our world; and the distances to any other system are so gigantic that it would take the entire history of mankind from paleolithic man to the present day to traverse—at the speed of Apollo 11—the distance to the nearest star. So that the frontier is closed. We can explore a few lumps in our system, and that is the end.…As a result of supreme technological skill and heroism, we are faced not with the infinite but with the immovable limits.
C.P. Snow, The Moon Landing, Look Magazine (Aug. 26, 1969)
The Making of Environmental Law
Richard J. Lazarus
1970 NEPA1970 Clean Air Act1972 Federal Water Pollution Control Act1972 Federal Insecticide, Fungicide, and Rodenticide Act1972 Noise Control Act1972 Coastal Zone Management Act1972 Marine Mammal Protection Act1973 Endangered Species Act1974 Safe Drinking Water Act1974 Forest Rangeland Renewable Resources Planning Act1975 Federal Coal Leasing Act Amendments1976 Toxic Substances Control Act1976 Resources Conservation and Recovery Act1976 National Forest Management Act1976 Federal Land Policy and Management Act1977 Clean Air Act Amendments1977 Clean Water Act Amendments1977 Surface Mining Control and Reclamation Act1978 Outer Continental Shelf Lands Act
Major Federal Environmental Protection Statutes Enacted During the 1970s
The Making of Environmental Law
Richard J. Lazarus
Chapter 5: The 1970s
A. Decade Highlights1. A Revolution in Law2. Richard Nixon: The Waxing and Waning of an “Environmental” President3. Congress, Courts, and the Environmental Public Interest
B. Understanding the 1970s 1. The Power of Information Disclosure2. The Tragedy of Distrust 3. Developing Fissures in Environmental Lawmaking: Federalism & Regulatory Reform
Chapter 6: The 1980s
A. Decade Highlights1. The Reagan Revolution That Wasn’t 2. Solidifying Environment Protection Law 3. Greening of American Law and the Legal Profession
B. Understanding the 1980s 1. Environmental Law’s Persistence 2. Reforming the Reformers 3. Splitting of the Environmental Community
Chapter 7: The 1990s
A. Decade Highlights1. Shifting Winds in the Politics of the Environment2. The Contract with America and the 104th Congress3. The Changing Nature of the Federal Judiciary4. “Environmental Racism: That’s What It Is” 5. State, Tribal and Local Environmental Law6. Internationalization of Environmental Law
B. Understanding the 1990s 1. The Demise of Bipartisanship2. The Rise Executive Branch Lawmaking and Legislation by Appropriation Rider
3. The “Greening” of the Nation’s Economy
The Making of Environmental Law
Richard J. Lazarus
The Nixon Administration
1970 1972
Clean Air Act
Federal Water Pollution Control
Act Veto
NEPA
EPA
“Go Live Like A Bunch of Damned
Animals”
The Making of Environmental Law
Richard J. Lazarus
The Carter Administration
"In a nation that was proud of hard work, strong families, close-knit communities and our faith in God, too many of us
now tend to worship self-indulgence and consumption. Human identity is no longer defined by what one does but by
what one owns."
The Making of Environmental Law
Richard J. Lazarus
The Reagan Administration
Anne Gorsuch Burford
1980
“Bring EPA to its Knees”
1983
Bill Ruckelshaus
The Making of Environmental Law
Richard J. Lazarus
The “Environmental President”
BOSTON HARBOR
CLEAN AIR ACT AMENDMENTS OF 1990
QUAYLE COMPETITIVENESS
COUNCIL
RIO
1989 1992
The Making of Environmental Law
Richard J. Lazarus
The Clinton Administration
1995 1998
Bruce Babbitt Carol BrownerContract With America
Newt Gingrich
The Making of Environmental Law
Richard J. Lazarus
The Second Decade of Environmental Statutes1980-1990
Comprehensive Environmental Response, Compensation & Liability Act (Superfund)
Emergency Planning and Community Right to Know ActAlaska National Interest Lands Conservation Act
Hazardous and Solid Waste Act Amendments of 1984Safe Drinking Water Act Amendments of 1986
Superfund Amendments and Reauthorization Act of 1986Water Quality Act of 1987
Medical Waste Tracking Act of 1988Oil Spill, Pollution, Prevention Act of 1990
Clean Air Act Amendments of 1990
The Making of Environmental Law
Richard J. Lazarus
Statute Statutes at Large
Clean Air Act of 1963 11 pages
Clean Air Act of 1970 38 pages
Clean Air Act of 1977 112 pages
Clean Air Act of 1990 314 pages
The Making of Environmental Law
Richard J. Lazarus
The Making of Environmental Law
Richard J. Lazarus
The Making of Environmental Law
Richard J. Lazarus
The Making of Environmental Law
Richard J. Lazarus
Part IIIEnvironmental Law in the New Millenium
Chapter 8: The Emerging Architecture of U.S. Environmental Law
Chapter 9: Changing Conceptions of Time and Space Redux – Environmental
Law’s Future Challenges
Chapter 10: Environmental Law’s Second (and Quite Different) “Republican
Moment”
The Making of Environmental Law
Richard J. Lazarus
REFORMING ENVIRONMENTAL LAW
• Influencing Supply, Demand, and National Economic Policy Through Better Information
•Regulating Diffuse Sources
•Constructing International Environmental Lawmaking Institutions
The Making of Environmental Law
Richard J. Lazarus
The Graying of the Green
